MPRE - CONFLICTS OF INTEREST
QUESTIONS AND ANSWERS WITH
SOLUTIONS 2024
A lawyer SHALL NOT represent a client if the representation involves a concurrent conflict of interest.
What is a concurrent conflict of interest?
(Rule 1.7) - ANSWER 1. The representation will be directly adverse to another client
2. There is a significant risk that the representation of one or more clients will be materially limited by
the lawyer's responsibility to another client, a former client, a third person, or a personal interest of the
lawyer
Notwithstanding the existence of a concurrent conflict of interest, a lawyer MAY represent a client if
(Rule 1.7) - ANSWER 1. The lawyer reasonably believes that the lawyer will be able to provide competent
and diligent representation to each affected client AND
2. The representation is not prohibited by law AND
3. The representation does not involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding before a tribunal AND
4. Each affected client gives informed consent in writing
A lawyer SHALL NOT enter into a business transaction with a client or knowingly acquire an ownership,
possessory, security, or other pecuniary interest adverse to a client UNLESS
(Rule 1.8) - ANSWER 1. Transaction and terms are fair and reasonable and fully disclosed and transmitted
in a writing that can be reasonably understood by the client
2. Client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek
the advice of independent legal counsel on the transaction
3. Client gives signed informed consent to the essential terms of the transaction and the lawyer's role in
the transaction, including whether the lawyer is representing the client in the transaction
A lawyer SHALL NOT use information relating to the representation of a client to the disadvantage of the
client UNLESS
(Rule 1.8) - ANSWER The client gives informed consent, except as permitted or required by these Rules
QUESTIONS AND ANSWERS WITH
SOLUTIONS 2024
A lawyer SHALL NOT represent a client if the representation involves a concurrent conflict of interest.
What is a concurrent conflict of interest?
(Rule 1.7) - ANSWER 1. The representation will be directly adverse to another client
2. There is a significant risk that the representation of one or more clients will be materially limited by
the lawyer's responsibility to another client, a former client, a third person, or a personal interest of the
lawyer
Notwithstanding the existence of a concurrent conflict of interest, a lawyer MAY represent a client if
(Rule 1.7) - ANSWER 1. The lawyer reasonably believes that the lawyer will be able to provide competent
and diligent representation to each affected client AND
2. The representation is not prohibited by law AND
3. The representation does not involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding before a tribunal AND
4. Each affected client gives informed consent in writing
A lawyer SHALL NOT enter into a business transaction with a client or knowingly acquire an ownership,
possessory, security, or other pecuniary interest adverse to a client UNLESS
(Rule 1.8) - ANSWER 1. Transaction and terms are fair and reasonable and fully disclosed and transmitted
in a writing that can be reasonably understood by the client
2. Client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek
the advice of independent legal counsel on the transaction
3. Client gives signed informed consent to the essential terms of the transaction and the lawyer's role in
the transaction, including whether the lawyer is representing the client in the transaction
A lawyer SHALL NOT use information relating to the representation of a client to the disadvantage of the
client UNLESS
(Rule 1.8) - ANSWER The client gives informed consent, except as permitted or required by these Rules
